A former Baylor student has filed a lawsuit against the college alleging that it failed to investigate a sexual assault claim she reported in 2012.

Advertisement - Continue Reading Below

Jasmin Hernandez says she reported her assault to police hours after she was raped by football player Tevin Elliott on April 15, 2012. The athlete was later arrested by police, charged with assault, and suspended from Baylor. In the 2014 trial, Hernandez and two other women testified that Elliott sexually assaulted them. He was found guilty and is currently serving a 20-year maximum sentence.

Hernandez's suit claims, however, that Baylor "did not take any action whatsoever" to investigate her claim and failed to follow the protocol for counseling sexual assault victims as outlined by Title IX. Title IX protects students from sexual discrimination at institutions or programs that receive any federal funding. The law states "a criminal investigation does not relieve your school of its duty under Title IX to respond promptly and effectively." Among its many provisions, it requires that organizations respond to and investigate sexual assault claims promptly, to provide counseling or academic support "to help you get your education back on track." The lawsuit alleges that Baylor violated these guidelines.

Hernandez details the horrific rape in the lawsuit:

While moving through the residence, Hernandez and her friend got separated. Elliott approached Hernandez, grabbed her by the wrist and led her outside. As Hernandez's protestations intensified, Elliott picked Hernandez up over his shoulder and carried her behind a secluded shack on the property. There, Elliott pushed Hernandez up against an embankment, ripped off her pants and began to rape her. Hernandez managed to pull her pants back up, and in a daze, attempted to find her way back into the house. Instead, Elliott grabbed Hernandez again, pulled her pants backdown and began raping her again. When he was finished, he allowed Hernandez to put her clothes back on and go.

Advertisement - Continue Reading Below

According to the complaint, she told her friends about the rape, and they took her to a hospital where a rape kit was administered and an officer from the Waco Police Department heard her story. After Hernandez told her mother what happened the next day, her mother flew out and began searching for support on campus. This is where, Hernandez claims, she was met with obstacle upon obstacle.

Hernandez's mother reached out to numerous resources on campus and was stonewalled by each one, according to the complaint. "The Counseling Center informed Mother that they were too busy, and could not see Hernandez," the complaint reads. The student Health Center's psychology department allegedly had a similar response. Worried about the effect the trauma might have on her daughter's academic performance, Hernandez's mother reached out to the Academic Services Department. According to the lawsuit, she was told that even "if a plane falls on your daughter, there's nothing we can do to help you."Hernandez's father reached out to the athletic department but claims to have never received a call back from head coach Art Briles or anyone in the office. Furthermore, the lawsuit claims that Baylor officials, including Briles and Baylor's Chief Judicial Officer Bethany McCraw, were aware of other complaints made against Elliott:

Baylor, Briles and McCaw [sic] were aware that in November of 2011, Elliott had been cited for misdemeanor sexual assault, stemming from allegations that he had trapped a community college student in her room, held her against her will, and touched her inappropriately. One former member of Baylor's advisory board that reviewed sexual assault response issues with community leaders has publicly stated that Baylor officials have known about the larger problem of sexual assaults committed by student-athletes for several years.

In the immediate aftermath, the complaint claims, Elliott was allowed to remain on campus "completely unrestricted, for several months until he ultimately transferred during the summer of 2012." Hernandez, who was attending the college on academic scholarship, eventually dropped out.

The lawsuit alleges that Baylor "failed to properly train and educate their employees, including school officials, officers, investigators, and adjudicators in appropriate response to allegations of sexual harassment, sexual abuse, and retaliatory conduct, as well as necessary Title IX policies and procedures." Hernandez is seeking an unspecified amount for counseling, emotional and mental damages, and other punitive damages.

Upon news of the lawsuit, Baylor released the following statement: "We provide interim remedies to support students who report sexual assault during the investigation and take immediate disciplinary action against students who are found responsible for acts of interpersonal violence."

A Part of Hearst Digital Media
Cosmopolitan participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites.